Jones v. Matheis

Citations

• 17 Pa. Super. 220
• 1901 Pa. Super. LEXIS 286

Syllabus

<p>Appeals — Statement of question involved.</p> <p>To say that the question involved is “ the correctness of answers to certain of defendant’s points; portions of the charge specially assigned as error,” is not a compliance with the rule requiring appellant to print in his paper-book a statement of the question involved.</p> <p>Practiee, O. P. — Trial—Request for instructions.</p> <p>If specific instructions are not asked for, or if those asked for are given, the court will not be reversed for not reviewing at length, and analyzing the evidence, nor for not instructing the jury more fully as to the rules for weighing testimony.</p> <p>Malicious prosecution — Charge of court — Harmless error.</p> <p>In an action for malicious prosecution the trial judge after referring to the question of probable cause in his charge said : “ What is malice? It is a reasonable ground of suspicion, supported by circumstances sufficient to warrant an ordinarily prudent man in believing the party guilty of the crime charged.” Held, that as the obvious purpose was to define probable cause, and that as no one reading or hearing the instructions would suppose for a moment that they were intendéd as a definition of malice, there was no reversible error.</p>